Category: Criminal Justice System
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Issues relating to Electronic Evidence – Admissibility, Section 65B certificate and other frequently asked questions.
Issues relating to Electronic Evidence What is an Electronic Record ? Types of Electronic Records. Is an Electronic Record a ‘document’ ? Is a…
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Role of a Magistrate in a Criminal Investigation
Authored by Bharat Chugh[1] INTRODUCTION A young bank official named Joseph is arrested by two policemen one fine morning, without even being informed why. Joseph…
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Supreme Court on Possession of fruits of crime in murder case
A decision on inference arising from possession of fruits of crime – soon after the occurence, in absence of reasonable explanation may lead to…
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For 420 in cheque bounce cases – dishonest intention at time of giving cheque necessary
This decision basically states that merely because cheque gets dishonoured – won’t automatically give rise to liability u/s 420 for cheating – the prosecution/complainant…
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Scope of Scrutiny at the stage of discharge …Supreme Court
This Judgment highlights the scope of scrutiny at the stage of discharge. Supreme Court of India R.S. Mishra vs State Of Orissa & Ors.…
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Causing Death of Tresspasser by Rash & Negligent Act
Supreme Court of India Cherubin Gregory vs The State Of Bihar on 31 July, 1963 Equivalent citations: 1964 AIR 205, 1964 SCR (4) 199…
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Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.
Comment : In this case the Court was faced with a situation where a railway employee was arraigned u/s 420 IPC for having cheated railway…
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Perusal of Defence testimony
Comment : defence witnessess cannot always be termed to be tainted one. defences witnesses are entitled to equal treatment and equal respect as that…
